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Can you keep living in your house after a divorce?

| Mar 19, 2021 | Family law |

Everything changes when you file for divorce in Connecticut. If you’re not on civil terms with your estranged spouse, you might not even know where you’re going to live. Where can you stay until you find a new residence?

Who gets to stay in the house?

If your name is on the title, you can stay in the house during the divorce process. Since Connecticut is an equitable property state, you could fight to keep the house or agree to sell it and split the proceeds with your estranged spouse. You could even buy out their share of the house and keep living in it afterward. Whatever you choose, you have a legal claim over the house as long as you’re on the title.

However, the situation becomes more complicated if you don’t have your name on the title. You might be able to stay in the house if you and your estranged spouse remain on civil terms. If you have children, you might also want to stay in the house so you don’t introduce too many changes in their lives at once. But ultimately, your estranged spouse has legal rights over the house, and they might use that to their advantage during the trial.

Depending on your situation, your divorce attorney might recommend moving out anyway. Even if you want to keep the house, you might not be able to pay the mortgage and utility bills by yourself. You might also not want to live in a house that constantly reminds you of your former marriage. When your former spouse leaves, the entire house becomes your responsibility–which might be too much for one person.

Should you try to keep the house or look elsewhere?

If you don’t have kids and already have another living situation in mind, you might want to move out so you don’t have to keep living with your estranged spouse. However, you might want to stay if you can’t afford rent or don’t have anywhere else to go. You might also need time to find a real estate agent if you plan on selling the house after the divorce.

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